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| Beyond
a Reasonable Doubt |
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In order to win a case, you have to prove it.
Whether a civil or criminal case, this proof must meet
certain requirements or "standards."
Standard of Proof
In a criminal case, the prosecution must prove guilt
"beyond a reasonable doubt." This is the
most stringent standard because the consequences of a
conviction can result in deprivation of liberty
(jail).
Meaning of "Reasonable Doubt"
While not requiring absolute certainty, a juror
must be persuaded that the amount of proof is such
that he or she would be willing to rely on it without
hesitation and with an abiding conviction. It is
interesting to note that several years ago the U.S.
Supreme Court struck the phrase "...and with a
moral certainty," from the reasonable doubt
instruction.
If the juror has a doubt that is based on reason or
common sense after impartial consideration of all the
evidence presented, the prosecution has failed to meet
the requisite burden of proof.
Civil Preponderance of Evidence
The "preponderance of evidence" standard of
proof is the most common and the easiest to meet.
Almost every civil case must be proven by a
preponderance of the evidence by the plaintiff.
Preponderance of the evidence requires the
plaintiff to prove his or her case such that the facts
are more probable one way than the other. The trier of
fact must be convinced by more than 50% (50.01% will
suffice).
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| Beyond
a Reasonable Doubt |
| |
|
In order to win a case, you have to prove it.
Whether a civil or criminal case, this proof must meet
certain requirements or "standards."
Standard of Proof
In a criminal case, the prosecution must prove guilt
"beyond a reasonable doubt." This is the
most stringent standard because the consequences of a
conviction can result in deprivation of liberty
(jail).
Meaning of "Reasonable Doubt"
While not requiring absolute certainty, a juror
must be persuaded that the amount of proof is such
that he or she would be willing to rely on it without
hesitation and with an abiding conviction. It is
interesting to note that several years ago the U.S.
Supreme Court struck the phrase "...and with a
moral certainty," from the reasonable doubt
instruction.
If the juror has a doubt that is based on reason or
common sense after impartial consideration of all the
evidence presented, the prosecution has failed to meet
the requisite burden of proof.
Civil Preponderance of Evidence
The "preponderance of evidence" standard of
proof is the most common and the easiest to meet.
Almost every civil case must be proven by a
preponderance of the evidence by the plaintiff.
Preponderance of the evidence requires the
plaintiff to prove his or her case such that the facts
are more probable one way than the other. The trier of
fact must be convinced by more than 50% (50.01% will
suffice).
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